NY State Senate Bill 2009-S3256

Senate Bill S3256

2009-2010 Legislative Session

Enacts provisions making changes to the vaccination requirements applicable to long term care facilities; repealer

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Aug 24, 2009	print number 3256a
Aug 24, 2009	amend (t) and recommit to finance
May 12, 2009	reported and committed to finance
Mar 24, 2009	reported and committed to codes
Mar 13, 2009	referred to health

Bill Amendments

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2009-S3256 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd Art 21-A Art Head, rpld §2190, amd §§2191 - 2196, Pub Health L

2009-S3256 - Summary

Enacts provisions making changes to the vaccination requirements applicable to long term care facilities for residents and personnel.

2009-S3256 - Sponsor Memo

                                 BILL NUMBER:  S3256

 TITLE OF BILL :

An act to amend the public health law, in relation to immunization of
health care workers


 PURPOSE :

This bill makes changes to the vaccination requirements applicable to
long term care facilities by: (1) requiring annual influenza
vaccination of personnel in such facilities; (2) eliminating a
requirement that employees of such facilities be vaccinated against
pneumococcal disease; (3) permitting an exception to the requirements
in years when the Commissioner of Health has declared that there is a
shortage of vaccines; and (4) requiring facilities to report aggregate
data on the status of resident and personnel vaccinations.

 SUMMARY OF PROVISIONS :

Sections 1 and 2 of the bill amend the heading of Public Health Law
(PHL) Article 21-A and the short title set forth in PHL § 2190 to
replace references to "employee" with "personnel."

Section 3 of the bill amends PHL § 2191 to remove the definition of

"documentation," revise the definition of "medically contraindicated,"
remove the definition of "employee," and add a definition of
"personnel."

Section 4 of the bill amends PHL § 2192 to remove a requirement that
employees of long term care facilities be vaccinated against
pneumococcal disease and replace references to "employees" with
"personnel" in requiring that such individuals be immunized for
influenza virus.

Section 5 of the bill amends PHL § 2193(2) to require long-term care
facilities to include certain details when documenting the influenza
and pneumococcal vaccinations given to residents annually, including
the site of administration, the name of the person administering the
vaccine, and any reactions.

Section 6 of the bill amends PHL § 2194 to replace references to
"employee" with "personnel," remove a requirement that long term care
facilities request employees to be vaccinated against pneumococcal
disease, and require that personnel receive annual vaccinations
against influenza, at no cost to them.

Section 7 of the bill amends PHL § 2195 to: (1) clarify the existing
exceptions to the immunization requirements of PHL § 2192; (2) remove
the exception permitting personnel to refuse influenza vaccinations,
other than in cases of medical contraindication or where vaccination
is against the individual's religious beliefs; and (3) add an
exception to the vaccination requirements for a particular year if the
Commissioner of Health determines that there is not an adequate supply
of a vaccine in that year

Section 8 of the bill amends PHL § 2196(1) to clarify that the
Commissioner of Health's promulgation of regulations to implement the
provisions of PHL Article 21-A is discretionary, rather than
mandatory. The section further revises the current requirement that
the Commissioner must take into consideration any recommendations
issued by the federal Centers for Disease Control and Prevention (CDC)
by specifying that it is the recommendations of the CDCs Advisory
Committee on Immunization Practices (ACIP) that must be considered.

Section 9 of the bill adds a new PHL § 2196(4) to require long term
care facilities to collect annual aggregate data on personnel and
resident vaccination status and report such data to the Department of
Health (DOH).

Section 10 of the bill provides that the bill would take effect on
September 1, 2010.

 EXISTING LAW :

The Long Term Care Resident and Employee Immunization Act, codified as
PHL Article 21-A (PHL §§ 2190 through 2196), applies to long term care
facilities, specifically nursing homes, adult homes, enriched housing
programs, adult day health care programs, and any other facility
providing residential housing and supportive services for five or more
persons over the age of 65 who are unrelated to the operator. Article
21-A requires that all residents and employees be immunized against
influenza and pneumococcal disease. However, PHL § 2195 permits
refusal if the vaccine is medically contraindicated, if vaccination is
against the person's religious beliefs, or if he or she refuses the
vaccine after being fully informed of the health risks of such action.

PHL §§ 2193 and 2194 require long term care facilities to document the
influenza and pneumococcal vaccinations given to residents and
employees annually. If there is no evidence that the person had such
annual vaccines, the facility must provide or arrange for them to be
administered.

 LEGISLATIVE HISTORY :

The provisions of this bill were included in A.10942, introduced in
2008. A subsequent amended version (A.10942-A) and associated versions
introduced in the Senate (S.7822-A and S.8623) did not include the
provisions of this bill.

 STATEMENT IN SUPPORT :

Each year, influenza causes significant morbidity and mortality in the
United States, especially among the vulnerable populations in long
term care facilities. The transmission of influenza associated with
health care providers contributes significantly to this burden.
Recognizing the need to protect long term care facility residents, the
CDC has recommended influenza vaccination for health care personnel
since 1981 In February 2006, the CDC's Healthcare Infection Control
Practices Advisory Committee (HICPAC) and the ACIP jointly recommended
that all health care personnel be vaccinated annually against
influenza. Despite these recommendations, and despite efforts designed
to increase vaccination rates for health care personnel, the
proportion of health care workers who are vaccinated annually remains
unacceptably low (approximately 40 percent nationally).

PHL Article 21-A currently requires immunization of both residents and
employees of long term care facilities, but allows individuals to
refuse immunization and has not resulted in immunization at levels
which are sufficient to protect residents of such facilities. Data
available to DOH has consistently shown that although residents in
long term care facilities are relatively well immunized, the rate of
vaccination of employees against influenza remains extremely low and
has not appreciably increased over the years. Accordingly, this bill
imposes mandatory vaccination of personnel in long term care
facilities unless vaccination is medically contraindicated or against
an individual's religious beliefs.

Further, the bill substitutes the broader term "personnel" for the
term "employee," consistent with the February 2006 recommendations of
HICPAC and ACIP, to require vaccinations against influenza for all
paid and unpaid persons working in health care settings who could
potentially expose residents, or others with direct contact with
residents, to influenza.  DOH also anticipates changing its
regulations applicable to hospitals, home care agencies, diagnostic
and treatment facilities, and hospice programs to similarly require
personnel in those settings to receive an annual influenza
vaccination.

The pneumococcal vaccine is not recommended by HICPAC or ACIP for
healthy persons less than 65 years of age, unless they have underlying
health conditions warranting such vaccination.  Accordingly, this bill
eliminates the existing requirement that employees of long term care
facilities be vaccinated against pneumococcal disease.

Finally, the bill requires long term care facilities to report annual
aggregate data on personnel and resident vaccination status to DOH.
While DOH already conducts an annual survey of vaccination rates at
long term care facilities, placing this requirement in statute will
improve compliance and emphasize the importance of accurate reporting.
This will assist DOH in assuring that vaccinations occur as required,
helping reduce the incidence of influenza and pneumococcal disease
among vulnerable populations and avoid large··scale outbreaks.

 BUDGET IMPLICATIONS :

The proposed changes in vaccination requirements for health care
workers in long term care facilities would not have a fiscal impact on
the State. Long term care facilities would bear the cost of purchasing
extra doses as needed to comply with this bill (approximately $ 1.5
per dose), but many personnel are likely to obtain the shots from
their primary care providers, which would be covered by their health
care insurance. In addition, vaccinating all personnel against
influenza will benefit facilities through reduced absenteeism.

 EFFECTIVE DATE :
This bill takes effect on September 1, 2010.

2009-S3256 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3256

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced  by Sen. DUANE -- (at request of the Department of Health) --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Health

AN  ACT  to  amend the public health law, in relation to immunization of
  health care workers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   The article heading of article 21-A of the public health
law, as added by chapter 580 of the laws of 1999, is amended to read  as
follows:
                       LONG-TERM CARE RESIDENT AND
                  [EMPLOYEE] PERSONNEL IMMUNIZATION ACT
  S 2. Section 2190 of the public health law, as added by chapter 580 of
the laws of 1999, is amended to read as follows:
  S  2190.  Short title. This article shall be known and may be cited as
the "long-term care resident and [employee] PERSONNEL immunization act".
  S 3. Section 2191 of the public health law, as added by chapter 580 of
the laws of 1999, is amended to read as follows:
  S 2191. Definitions. For the purposes of this article:
  1. "Long-term care facility" or "facility" means a residential  health
care  facility  as  defined  in section twenty-eight hundred one of this
chapter, adult home as defined in subdivision twenty-five of section two
of the social services law or enriched housing  program  as  defined  in
subdivision  twenty-eight  of  section  two  of the social services law,
adult day health care program in  accordance  with  regulations  of  the
department,  and  any  other  facility providing residential housing for
five or more persons over the age of sixty-five unrelated to the  opera-
tor and supportive services including, but not limited to, food service,
housekeeping,  laundry,  arranging for medical care, and assistance with
daily living.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05617-04-9

S. 3256                             2

  2. ["Documentation" means written evidence from an individual's health
care provider indicating the date and place when the individual received
the influenza vaccine or the pneumococcal vaccine.
  3.]  "Medically  contraindicated" means THAT THE ADMINISTRATION OF THE
influenza or pneumococcal vaccine [should  not  be  administered  to  an
individual  because  it may be detrimental to the individual's health if
the individual receives the vaccine] TO  A  PERSON  IN  ACCORDANCE  WITH
RECOMMENDATIONS  OF  THE  ADVISORY COMMITTEE ON IMMUNIZATION PRACTICE OF
THE FEDERAL CENTERS FOR DISEASE CONTROL AND PREVENTION IN EFFECT AT  THE
TIME  OF  VACCINATION  WOULD  BE DETRIMENTAL TO THE PERSON'S HEALTH IN A
MANNER RECOGNIZED IN THE RECOMMENDATIONS OF THE  ADVISORY  COMMITTEE  ON
IMMUNIZATION PRACTICE, BECAUSE OF THE MEDICAL CONDITION OF THAT PERSON.
  [4.  "Employee"  means  an  individual  employed (whether directly, by
contract with another entity or as an independent contractor) by a long-
term care facility, on a part-time or full-time basis.]  3.  "PERSONNEL"
MEANS  ALL  PERSONS EMPLOYED OR AFFILIATED WITH A FACILITY, WHETHER PAID
OR UNPAID, INCLUDING BUT  NOT  LIMITED  TO  EMPLOYEES,  MEMBERS  OF  THE
MEDICAL  STAFF,  CONTRACT  STAFF, STUDENTS, AND VOLUNTEERS, WHOSE ACTIV-
ITIES ARE SUCH THAT THEIR HEALTH IMPAIRMENT WOULD POSE A POTENTIAL  RISK
TO PATIENTS.
  S 4. Section 2192 of the public health law, as added by chapter 580 of
the laws of 1999, is amended to read as follows:
  S  2192. Long-term care resident and [employee] PERSONNEL immunization
required.  Except as provided in section twenty-one hundred  ninety-five
of  this  article,  every  long-term  care  facility in this state shall
require residents [and employees] to be immunized  for  influenza  virus
and  pneumococcal disease [in accordance with regulations of the commis-
sioner] AND PERSONNEL TO BE IMMUNIZED FOR INFLUENZA VIRUS.
  S 5. Subdivision 2 of section 2193 of the public health law, as  added
by chapter 580 of the laws of 1999, is amended to read as follows:
  2.  Every  long-term care facility shall document the annual immuniza-
tion against  influenza  virus  and  immunization  against  pneumococcal
disease  for  each resident.  THE FACILITY SHALL DOCUMENT THE DATE, SITE
OF ADMINISTRATION, TYPE OF VACCINE, DOSE, MANUFACTURER AND LOT NUMBER OF
THE VACCINE, REACTIONS IF ANY, VACCINE INFORMATION STATEMENT GIVEN,  AND
THE  NAME  OF  THE  PERSON  ADMINISTERING  THE  VACCINE. IF ANY RESIDENT
RECEIVES AN INFLUENZA VACCINATION FROM OTHER THAN  FACILITY  STAFF,  THE
FACILITY  SHALL DOCUMENT THE DATE, TYPE OF VACCINE, DOSE AND NAME OF THE
PERSON ADMINISTERING THE VACCINE. Upon finding that a resident is  lack-
ing  such  immunization  or the long-term care facility or individual is
unable to provide documentation that the  individual  has  received  the
appropriate  immunization,  the long-term care facility shall provide or
arrange for immunization. Immunization  and  the  documentation  thereof
shall take place no later than November thirtieth of each year.
  S 6. Section 2194 of the public health law, as added by chapter 580 of
the laws of 1999, is amended to read as follows:
  S  2194.  [Employee]  PERSONNEL  immunization. 1. Every long-term care
facility shall notify [every employee] ALL PERSONNEL of the immunization
requirements of this article and [request that the  employee  agree  to]
REQUIRE THAT PERSONNEL be immunized against influenza virus [and pneumo-
coccal disease].
  2.  The long-term care facility shall [require documentation of] DOCU-
MENT THE annual immunization against influenza virus  [and  immunization
against  pneumococcal  disease  for  each  employee] OF ALL PERSONNEL IN
THEIR PERSONNEL FILES, INCLUDING THE DATE, SITE OF ADMINISTRATION,  TYPE
OF  VACCINE, DOSE, MANUFACTURER AND LOT NUMBER OF THE VACCINE, REACTIONS

S. 3256                             3

IF ANY, VACCINE INFORMATION STATEMENT GIVEN, AND THE NAME OF THE  PERSON
ADMINISTERING  THE VACCINE. IF ANY PERSONNEL RECEIVE AN INFLUENZA VACCI-
NATION FROM OTHER THAN FACILITY STAFF, THE FACILITY  SHALL  DOCUMENT  IN
THE  PERSONNEL  FILE  THE  DATE,  TYPE  OF VACCINE, DOSE AND NAME OF THE
PERSON ADMINISTERING THE VACCINE.  Upon finding that [an  employee]  ANY
PERSONNEL is lacking such immunization or the long-term care facility or
individual  is  unable  to provide documentation that the individual has
received the  appropriate  immunization,  the  long-term  care  facility
[must]  SHALL  provide  or  arrange  for immunization, AT NO COST TO THE
PERSONNEL.  Immunization and the documentation thereof shall take  place
no later than November thirtieth of each year.
  3.  [An  individual  who  is  newly employed as an employee] PERSONNEL
NEWLY ENTERING INTO SERVICE AT A FACILITY after November  thirtieth  but
before April first shall have his or her status for influenza [and pneu-
mococcal]  immunization  determined  by the facility, and if found to be
deficient, the facility shall  provide  or  arrange  for  the  necessary
immunization, AT NO COST TO THE NEW PERSONNEL.
  S 7. Section 2195 of the public health law, as added by chapter 580 of
the laws of 1999, is amended to read as follows:
  S  2195.  Exceptions.  1.  No  individual shall be required to receive
either an influenza vaccine or pneumococcal vaccine if  the  vaccine  is
medically  contraindicated,  or  if  it  is against his or her religious
beliefs[, or].
  2. NO RESIDENT SHALL  BE  REQUIRED  TO  RECEIVE  EITHER  AN  INFLUENZA
VACCINE  OR  PNEUMOCOCCAL VACCINE if he or she refuses the vaccine after
being fully informed of the health risks of such action.
  3. NO RESIDENT SHALL BE REQUIRED TO RECEIVE A PNEUMOCOCCAL VACCINE  IN
A PARTICULAR YEAR IF THE COMMISSIONER DETERMINES THAT AN ADEQUATE SUPPLY
OF SUCH VACCINE IS NOT AVAILABLE THAT YEAR.
  4.  NO RESIDENT OR PERSONNEL SHALL BE REQUIRED TO RECEIVE AN INFLUENZA
VACCINE IF THE COMMISSIONER DETERMINES THAT AN ADEQUATE SUPPLY  OF  SUCH
VACCINE IS NOT AVAILABLE THAT YEAR.
  S  8. Subdivision 1 of section 2196 of the public health law, as added
by chapter 580 of the laws of 1999, is amended to read as follows:
  1. The commissioner [shall] MAY promulgate regulations relating to the
immunization requirements of this article, taking into consideration the
recommendations  of  the  FEDERAL  centers  for  disease   control   and
prevention ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES.
  S  9. Section 2196 of the public health law is amended by adding a new
subdivision 4 to read as follows:
  4. ANNUALLY EACH FACILITY SHALL COLLECT AGGREGATE  DATA  ON  PERSONNEL
INFLUENZA  VACCINATION  STATUS  AND  RESIDENT INFLUENZA AND PNEUMOCOCCAL
DISEASE  VACCINATION  STATUS  FOR  THE  PERIOD  APRIL  FIRST  TO   MARCH
THIRTY-FIRST AND REPORT THAT DATA TO THE DEPARTMENT BY MAY FIRST OF EACH
YEAR.
  S 10. This act shall take effect September 1, 2010.

co-Sponsors

View additional co-sponsors

2009-S3256A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd Art 21-A Art Head, rpld §2190, amd §§2191 - 2196, Pub Health L

2009-S3256A (ACTIVE) - Summary

Enacts provisions making changes to the vaccination requirements applicable to long term care facilities for residents and personnel.

2009-S3256A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3256A

 TITLE OF BILL :
An act to amend the public health law, in relation to immunization of
health care workers and repealing section 2190 of such law relating
thereto

 PURPOSE :
This bill makes changes to the vaccination requirements applicable to
long term care facilities by: (1) requiring annual influenza
vaccination of personnel in such facilities; (2) eliminating a
requirement that employees of such facilities be vaccinated against
pneumococcal disease; (3) permitting an exception to the requirements
in years when the Commissioner of Health has declared that there is a
shortage of vaccines; and (4) requiring facilities to report aggregate
data on the status of resident and personnel vaccinations.

 SUMMARY OF PROVISIONS :
Section 1 of the bill amends the heading of Public Health Law (PHL)
Article 21-A and the short title set forth in PHL, § 2190 to replace
references to "employee" with "personnel."

Section 2 of the bill repeals PHL § 2190. the short title.

Section 3 of the bill amends PHL, § 2191 to remove the definition of
"documentation," revise the definition of "medically contraindicated,"

remove the definition of "employee," and add a definition of
personnel."

Section 4 of the bill amends PHL, § 2192 to remove a requirement that
employees of long term care facilities be vaccinated against
pneumococcal disease and replace references to "employees" with
"personnel" in requiring that such individuals be immunized for
influenza virus.

Section 5 of the bill amends PHL § 2193(2) to require long-term care
facilities to include certain details when documenting the influenza
and pneumococcal vaccinations given to residents annually. including
the site of administration, the name of the person ordering the
administration of the vaccine, and any reactions.

Section 6 of the bill amends PHL § 2194 to replace references to
employee with "personnel," remove a requirement that long term care
facilities request employees to be vaccinated against pneumococcal
disease, and require that personnel receive annual vaccinations
against influenza, at no cost to them.

Section 7 of the bill amends PHL § 2195 to: (1) clarify the existing
exceptions to the immunization requirements of PHL § 2192; (2) remove
the exception permitting personnel to refuse influenza vaccinations.
other than in cases of medical contraindication or where vaccination
is against the individual's religious beliefs: and (3) add an
exception to the vaccination requirements for a particular year if the
Commissioner of Health determines that there is not an adequate supply
or a vaccine in that year.

Section 8 of the bill amends PHL § 2196(1) to clarify that the
Commissioner of Health's promulgation of regulations to implement the
provisions of PHL. Article 21-A is discretionary, rather than
mandatory. The section further revises the current requirement that
the Commissioner must take into consideration any recommendations
issued by the federal Centers for Disease Control and Prevention (CDC)
by specifying that it is the recommendations of the CDC's Advisory
Committee on Immunization Practices (ACID) that must be considered.


Section 9 of the bill adds a new PHL. § 2196(4) to require long term
care facilities to collect annual aggregate data on personnel and
resident vaccination status and report such data to the Department of
Health (DOH).

Section 10 of the bill provides that the bill would take effect on
September 1, 2010.

 EXISTING LAW :
The Long Term Care Resident and Employee Immunization Act, codified as
PHL Article 21-A (PHL §§ 2190 through 2196), applies to long term care
facilities, specifically nursing homes, adult homes, enriched housing
programs, adult day health care programs, and any other facility
providing residential housing and supportive services for five or more
persons over the age of 65 who are unrelated to the operator. Article
21-A requires that all residents and employees be immunized against.
influenza and pneumococcal disease. However, PHL § 2195 permits
refusal if the vaccine is medically contraindicated, if vaccination is
against the person's religious beliefs, or if he or she refuses the
vaccine after being fully informed of the health risks of such action.

PHL §§ 2193 and 2194 require long term care facilities to document the
influenza and pneumococcal vaccinations given to residents and
employees annually. If there is no evidence that the person had such
annual vaccines, the facility must provide or arrange for them to be
administered.

 LEGISLATIVE HISTORY :
The provisions of this bill were included in A.10942, introduced in
2008. A subsequent amended version (A.10942-A) and associated versions
introduced in the Senate (S.7822-A and S.8623) did not include the
provisions of this bill.

 STATEMENT IN SUPPORT :
Each year, influenza causes significant morbidity and mortality in the
United States, especially among the vulnerable populations in long
term care facilities. The transmission of influenza associated with
health care providers contributes significantly to this burden,
Recognizing the need to protect long term care facility residents, the
CDC has recommended influenza vaccination for health care personnel
since 1981. In February 2006. the CDC's Healthcare Infection Control
Practices Advisory Committee (HICPAC) and the ACIP jointly recommended
that all health care personnel be Vaccinated annually against
influenza.. Despite these recommendations, and despite efforts
designed to increase vaccination rates for health care personnel, the
proportion of health care workers who are vaccinated annually remains
unacceptably low (approximately 40 percent nationally).

PHL Article 21-A currently requires immunization of both residents and
employees of long term care 'facilities, but allows individuals to
refuse immunization and has not resulted in immunization at levels
which are sufficient to protect residents of such facilities. Data
available to DOH has consistently shown that although residents in
long term care facilities are relatively well immunized, the rate of
vaccination of employees against influenza remains extremely low and
has not appreciably increased over the years. Accordingly, this bill
imposes mandatory vaccination of personnel in long term care
facilities unless vaccination is medically contraindicated or against
an individual's religious beliefs.

Further, the bill substitutes the broader term personnel member' for
the term "employee," consistent with the February 2006 recommendations
of HICPAC and ACIP, to require vaccinations against influenza for all
paid and unpaid persons working in health care settings who could
potentially expose residents, or others with direct contact with
residents, to influenza. DOH also anticipates changing its regulations
applicable to hospitals, home care agencies, diagnostic and treatment
facilities, and hospice programs to similarly require personnel in
those settings to receive an annual influenza vaccination.

The pneumococcal vaccine is not recommended by HICPAC or ACIP for
healthy persons less than 65 years of age, unless they have underlying
health conditions warranting such vaccination.  Accordingly, this bill
eliminates the existing requirement that employees of long term care
facilities be vaccinated against pneumococcal disease.

Finally, the bill requires long term care facilities to report annual
aggregate data on personnel and resident vaccination status to DOH.
While DOH already conducts an annual survey of vaccination rates at
long term care facilities, placing this requirement in statute will
improve compliance and emphasize the importance of accurate reporting.
This will assist DOH in assuring that vaccinations occur as required,
helping reduce the incidence of influenza and pneumococcal disease
among vulnerable populations and avoid large-scale outbreaks.

 BUDGET IMPLICATIONS :
The proposed changes in vaccination requirements for health care
workers in long term care facilities would not have a fiscal impact on
the State. Long term care facilities would bear the cost of purchasing
extra doses as needed to comply with this bill (approximately 515 per
dose), but many personnel are likely to obtain the shots from their
primary care providers, which would be covered by their health care
insurance. In addition, vaccinating all personnel against influenza
will benefit facilities through reduced absenteeism.

 EFFECTIVE DATE :
This bill takes effect on September 1, 2010.

2009-S3256A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3256--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced  by  Sens.  DUANE, ADDABBO, DILAN, HASSELL-THOMPSON, KRUEGER,
  MONSERRATE, ONORATO, PERKINS, STAVISKY -- (at request of  the  Depart-
  ment of Health) -- read twice and ordered printed, and when printed to
  be  committed  to  the  Committee on Health -- reported favorably from
  said committee and committed to the Committee  on  Codes  --  reported
  favorably  from  said  committee  and  committed  to  the Committee on
  Finance -- committee discharged, bill amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend the public health law, in relation to immunization of
  health care workers and repealing section 2190 of  such  law  relating
  thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The article heading of article 21-A of the  public  health
law,  as added by chapter 580 of the laws of 1999, is amended to read as
follows:
                       LONG-TERM CARE RESIDENT AND
                  [EMPLOYEE] PERSONNEL IMMUNIZATION ACT
  S 2. Section 2190 of the public health law is REPEALED.
  S 3. Section 2191 of the public health law, as added by chapter 580 of
the laws of 1999, is amended to read as follows:
  S 2191. Definitions. For the purposes of this article:
  1. "Long-term care facility" or "facility" means a residential  health
care  facility  as  defined  in section twenty-eight hundred one of this
chapter, adult home as defined in subdivision twenty-five of section two
of the social services law or enriched housing  program  as  defined  in
subdivision  twenty-eight  of  section  two  of the social services law,
adult day health care program in  accordance  with  regulations  of  the
department,  and  any  other  facility providing residential housing for
five or more persons over the age of sixty-five unrelated to the  opera-
tor and supportive services including, but not limited to, food service,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05617-06-9

S. 3256--A                          2

housekeeping,  laundry,  arranging for medical care, and assistance with
daily living.
  2. ["Documentation" means written evidence from an individual's health
care provider indicating the date and place when the individual received
the influenza vaccine or the pneumococcal vaccine.
  3.]  "Medically  contraindicated"  means  [influenza  or  pneumococcal
vaccine should not be administered to an individual because  it  may  be
detrimental  to  the  individual's health if the individual receives the
vaccine] A PHYSICIAN LICENSED TO PRACTICE IN THE STATE OF NEW YORK OR  A
NURSE PRACTITIONER CERTIFIED TO PRACTICE IN THE STATE OF NEW YORK CERTI-
FIES  THAT IMMUNIZATION WITH INFLUENZA OR PNEUMOCOCCAL VACCINE IS DETRI-
MENTAL  TO  THE  INDIVIDUAL'S  HEALTH.  MEDICAL  CONTRAINDICATION  SHALL
CONTINUE UNTIL SUCH IMMUNIZATION IS FOUND NO LONGER TO BE DETRIMENTAL TO
THE INDIVIDUAL'S HEALTH.
  [4.  "Employee"  means  an  individual  employed (whether directly, by
contract with another entity or as an independent contractor) by a long-
term care facility, on a part-time or full-time basis.]  3.  "PERSONNEL"
MEANS  ALL  PERSONS EMPLOYED OR AFFILIATED WITH A FACILITY, WHETHER PAID
OR UNPAID, INCLUDING BUT  NOT  LIMITED  TO  EMPLOYEES,  MEMBERS  OF  THE
MEDICAL  STAFF,  CONTRACT  STAFF, STUDENTS, AND VOLUNTEERS, WHOSE ACTIV-
ITIES ARE SUCH THAT IF THEY WERE INFECTED  WITH  INFLUENZA,  THEY  COULD
POTENTIALLY  EXPOSE  RESIDENTS,  OR  OTHERS WHO HAVE DIRECT CONTACT WITH
RESIDENTS, TO INFLUENZA. PERSONNEL SHALL NOT MEAN  THOSE  WHO  REGULARLY
VISIT SPECIFIC PATIENTS IN THE FACILITY OR THOSE WHO REPRESENT COMMUNITY
GROUPS DURING OCCASIONAL VISITS TO THE FACILITY.
  S 4. Section 2192 of the public health law, as added by chapter 580 of
the laws of 1999, is amended to read as follows:
  S  2192. Long-term care resident and [employee] PERSONNEL immunization
required.  Except as provided in section twenty-one hundred  ninety-five
of  this  article,  every  long-term  care  facility in this state shall
require residents [and employees] to be immunized  for  influenza  virus
and  pneumococcal disease [in accordance with regulations of the commis-
sioner] AND PERSONNEL TO BE IMMUNIZED FOR INFLUENZA VIRUS.
  S 5. Subdivision 2 of section 2193 of the public health law, as  added
by chapter 580 of the laws of 1999, is amended to read as follows:
  2.  Every  long-term care facility shall document the annual immuniza-
tion against  influenza  virus  and  immunization  against  pneumococcal
disease  for  each resident.  THE FACILITY SHALL DOCUMENT THE DATE, SITE
OF ADMINISTRATION, TYPE OF VACCINE, DOSE, MANUFACTURER AND LOT NUMBER OF
THE VACCINE, REACTIONS IF ANY, VACCINE INFORMATION STATEMENT GIVEN,  AND
THE  NAME  OF  THE  PERSON  ADMINISTERING  THE  VACCINE. IF ANY RESIDENT
RECEIVES AN INFLUENZA VACCINATION FROM OTHER THAN  FACILITY  STAFF,  THE
FACILITY  SHALL DOCUMENT THE DATE, TYPE OF VACCINE, DOSE AND NAME OF THE
PERSON ORDERING OR ADMINISTERING THE VACCINE, OR AN OFFICIAL RECORD FROM
THE FACILITY WHERE THE VACCINATION WAS RECEIVED.  Upon  finding  that  a
resident  is lacking such immunization or the long-term care facility or
individual is unable to provide documentation that  the  individual  has
received the appropriate immunization, the long-term care facility shall
provide  or arrange for immunization. Immunization and the documentation
thereof shall take place no later than November thirtieth of each year.
  S 6. Section 2194 of the public health law, as added by chapter 580 of
the laws of 1999, is amended to read as follows:
  S 2194. [Employee] PERSONNEL immunization.  1.  Every  long-term  care
facility shall notify [every employee] ALL PERSONNEL of the immunization
requirements  of  this  article and [request that the employee agree to]

S. 3256--A                          3

REQUIRE THAT PERSONNEL be immunized against influenza virus [and pneumo-
coccal disease].
  2.  The long-term care facility shall [require documentation of] DOCU-
MENT THE annual immunization against influenza virus  [and  immunization
against  pneumococcal disease for each employee] OF ALL PERSONNEL IN ITS
PERSONNEL FILES, INCLUDING THE DATE, SITE  OF  ADMINISTRATION,  TYPE  OF
VACCINE,  DOSE, MANUFACTURER AND LOT NUMBER OF THE VACCINE, REACTIONS IF
ANY, VACCINE INFORMATION STATEMENT GIVEN, AND THE  NAME  OF  THE  PERSON
ADMINISTERING THE VACCINE. IF ANY PERSONNEL MEMBER RECEIVES AN INFLUENZA
VACCINATION  FROM OTHER THAN FACILITY STAFF, THE FACILITY SHALL DOCUMENT
IN THE PERSONNEL FILE THE DATE, TYPE OF VACCINE, DOSE AND  NAME  OF  THE
PERSON ORDERING THE ADMINISTERING OF THE VACCINE.  Upon finding that [an
employee] ANY PERSONNEL MEMBER is lacking such immunization or the long-
term care facility or individual is unable to provide documentation that
the  individual has received the appropriate immunization, the long-term
care facility [must] SHALL provide or arrange for  immunization,  AT  NO
COST TO THE PERSONNEL MEMBER.  Immunization and the documentation there-
of shall take place no later than November thirtieth of each year.
  3.  [An  individual  who is newly employed as an employee] A PERSONNEL
MEMBER NEWLY ENTERING INTO SERVICE AT A FACILITY after November  thirti-
eth  but  before  April first shall have his or her status for influenza
[and pneumococcal] immunization determined by the facility, and if found
to be deficient, the facility shall provide or arrange for the necessary
immunization, AT NO COST TO THE NEW PERSONNEL MEMBER.
  S 7. Section 2195 of the public health law, as added by chapter 580 of
the laws of 1999, is amended to read as follows:
  S 2195. Exceptions. 1. No [individual] RESIDENT  OR  PERSONNEL  MEMBER
shall be required to receive either an influenza vaccine or pneumococcal
vaccine if the [vaccine] VACCINATION is medically contraindicated, or if
it is against his or her religious beliefs[, or].
  2.  NO  RESIDENT  SHALL  BE  REQUIRED  TO  RECEIVE EITHER AN INFLUENZA
VACCINE OR PNEUMOCOCCAL VACCINE if  he  or  she  refuses  the  [vaccine]
VACCINATION  after  being  fully  informed  of  the health risks of such
action.
  3. NO RESIDENT SHALL BE REQUIRED TO RECEIVE PNEUMOCOCCAL VACCINE IN  A
PARTICULAR  YEAR  IF THE COMMISSIONER DETERMINES THAT AN ADEQUATE SUPPLY
OF SUCH VACCINE IS NOT AVAILABLE THAT YEAR.
  4. NO RESIDENT OR PERSONNEL MEMBER SHALL BE REQUIRED TO RECEIVE INFLU-
ENZA VACCINE IF THE COMMISSIONER DETERMINES THAT AN ADEQUATE  SUPPLY  OF
SUCH VACCINE IS NOT AVAILABLE THAT YEAR.
  S  8. Subdivision 1 of section 2196 of the public health law, as added
by chapter 580 of the laws of 1999, is amended to read as follows:
  1. The commissioner [shall] MAY promulgate regulations relating to the
immunization requirements of this article, taking into consideration the
recommendations  of  the  FEDERAL  centers  for  disease   control   and
prevention ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES.
  S  9. Section 2196 of the public health law is amended by adding a new
subdivision 4 to read as follows:
  4. ANNUALLY EACH FACILITY SHALL COLLECT AGGREGATE  DATA  ON  PERSONNEL
INFLUENZA  VACCINATION  STATUS  AND  RESIDENT INFLUENZA AND PNEUMOCOCCAL
DISEASE  VACCINATION  STATUS  FOR  THE  PERIOD  APRIL  FIRST  TO   MARCH
THIRTY-FIRST AND REPORT THAT DATA TO THE DEPARTMENT BY MAY FIRST OF EACH
YEAR.
  S 10. This act shall take effect September 1, 2010.

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Senate Bill S3256

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Archive: Last Bill Status - In Senate Committee Health Committee

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2009-S3256 - Details

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2009-S3256A (ACTIVE) - Details

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